Ho Chi Minh City – The house in the planning area is not built more than 3 floors

The Ho Chi Minh City People’s Committee has issued a number of regulations on granting construction permits in the city.

Accordingly, the existing works or houses existing by organizations or individuals in the planning area ratios of 1/2000 have already approved and publicized but not yet made and land recovery decisions and have not yet been issued to be granted a construction permit for a definite term for repair, renovation and construction in accordance with the previous land use purpose.

The size of a building or individual house that is granted a construction permit for a definite period of time must be in harmony with the architecture and landscape of the area, but must not exceed 3 floors. Where the current status of construction works or individual dwellings already existed in the basement, they shall be considered for construction permits, renovation and reinforcement of the basement but not causing landslides, affecting the adjacent works.

For individual dwelling houses located in the land area reserved for roads, they may be repaired or renovated according to the existing or former status quarters or reconstructed with the size not exceeding 3 storeys.

Houses and structures within the planning area are built not more than 3 floors

For individual houses located in agricultural land interspersed in residential areas that households and individuals have built and used stably before 1 July 2006, there is no dispute, checked and certified by the People’s Committee of the ward / commune / township, the house can be repaired or renovated by the scale of the existing house or rebuilt with a scale of no more than 3 floors if the house already exists before the time 1 / 2,000-scale zoning plan approved and announced.

In cases where the houses built after the date of the zoning plan of 1: 2,000 scale, which have been approved and promulgated, they shall be allowed to be repaired or renovated without affecting the load-bearing structure or safety of the house and do not change the functional use.

For works and individual dwellings located in the planning area for the implementation of urban railway projects, they shall not be allowed to be built but only repaired or renovated according to the current status and shall not affect the load-bearing structure, the safety of the house as well as the change of functions used in the case of approved railway lines and rail corridors, announced and marked markers in the field.

In cases where the railway lines and railway safety corridor lines are approved and announced but the boundary markers are not yet determined on the field, they may be repaired or renovated according to the current state of the existing houses or reconstructed on a scale of no more than 3 floors.

For works and dwellings located in the bridge protection corridors, they must not be allowed to be newly built, thus increasing the size of the works’ structure or area but may only be repaired or renovated without altering their functional use, without affecting the load-bearing structure and safety of the works.

List of 12 types of documents eligible to apply for construction permits

As of June 25, 2012, individuals, households or organizations wishing to apply for a building permit will need one of the 12 types listed below.

1. The land use right certificate is issued in accordance with the provisions of the 1987 Land Law, the 1993 Land Law, the 2003 Law Amending and Supplementing a Number of Articles of the Land Law and the 2003 Land Law.
2. Certificates of land use rights, ownership of dwelling houses and other assets attached to land shall be issued in accordance with the provisions of the Land Law 2013, the Law amending and supplementing a number of articles of laws related to land. Capital construction No. 38/2009 / QH12.
3. Certificates of ownership of dwelling houses and the right to use residential land shall be issued in accordance with Decree No. 60 / CP of July 5, 1994 of the Government on the ownership of dwelling houses and the right to use residential land at Decree No. 61 / CP of July 5, 1994 of the Government on dwelling house purchase and sale. See also: Manual for making land use red books.
4. Certificate of ownership of housing; Certificate of ownership of construction works granted under regulations; Other certificates of dwelling house ownership or construction work ownership have been issued in accordance with the provisions of land law, housing law and construction law through periods.
5. Types of papers eligible for the granting of land use right certificates and house and land-attached asset ownership certificates but have not yet been granted the certificates.
6. Land documents for cases where land is allocated or leased by the State or changed land use purpose after July 1, 2004, but without certificates of land use right or house ownership accommodation and other assets attached to the land in accordance with the provisions of the land law, including: Land assignment decision issued by a competent state agency or land lease decision issued by a competent state agency and a contract Lease of attached land (if any) or papers on winning auctions of land use rights, bidding for projects using land or decision on permission for conversion of land use purpose by a competent state agency.
7. Reports on the review and declaration of land use status in cases where organizations and / or religious establishments are currently using land but have not yet been granted the land use right certificates or house and other property Accompanied by the land where the People’s Committee of the province where the land is located inspected and decided to deal with it in accordance with the provisions of Article 28 of Decree No. 43/2014 / ND-CP dated 15 May 2014 of the Government detailing the examination acting on a number of articles of the Land Law.
   

   With this decree, many approved papers are eligible for construction permits

8. Documents on the ranking of historical-cultural relics and scenic places, for cases of granting construction permits for the construction, repair, renovation or relocation of historical monuments History – landscapes but not yet granted certificates of land use rights, ownership of houses and other assets attached to land as stipulated in Article 27 of Decree No. 43/2014 / ND-CP. Dated 15 May 2014 by the Government detailing the implementation of some articles of the Land Law 2013.
9. Land use right certificates or written approval of construction sites by district-level People’s Committees for construction works for advertising boards, telecommunication stations and antenna posts in areas not belonging to groups The land is used for construction and must not be converted.
10. A land lease contract shall be entered into between a construction work investor and a manager or user of a traffic work or a written approval of a competent state management agency in charge of traffic of a work It is allowed to be built within the area reserved for traffic in accordance with the law.
11. A document of a competent state agency permitting the change of land use purpose in cases where the land user has obtained lawful papers on land according to the provisions of Clauses 1, 2, 3, 4 and 5. Above, but the application for a construction permit is used for purposes other than the purpose of land use stated on such paper.
12. A document issued by a competent state agency which has issued a certificate of land use right at the request of the construction permit-granting agency to determine the area of ​​land of different categories in case the land user has One of the lawful papers on land according to the provisions of Clauses 1, 2, 3, 4 and 5 above, but the land acreage of such land categories shall not be indicated as the basis for granting construction permits.

Note: The decree is effective from 25/6/2017. Where a dossier of application for a construction permit has been submitted before June 25, 1977 but has not yet been granted a construction permit, the investor shall update the lawful papers on land according to the provisions of this Decree. Is licensed construction.

For more information about the procedures related to the real estate sector, you can read more at: https://realestatevietnam.com.vn/